Patton v. Marr

Nash, G. J.

A fieri facias issued from this Court on a judgment at law, at the instance of the present plaintiff against John R. Dyke and others, directed to the present defendant, the sheriff of Cherokee county. It came in due time to his hands, and was returned with the following endorsement — “ Enjoined.” Ajudgment nisi was taken against the defendant, and he is now called on to show cause why it should not be made absolute. The plaintiff insists that the word endorsed, is no return in law, and our attention is confined to that single question.

*378It cannot be doubted, that according to the…